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1996 Supreme(SC) 1089

G.B.PATTANAIK, K.RAMASWAMY
Shish Ram – Appellant
Versus
State Of H. P. – Respondent


ORDER

Leave granted.

We have heard learned counsel on both sides and also respondent No. 8 in person.

2. The undisputed facts are that while the appellants were working as Head Clerks and respondent Nos. 3 and 4, Gulzari Ram and Ram Lal were working as Accountants, the scale of pay of the Head Clerks was 160-400 while that of the Accountants was 160-450. Later by executive order dated November 11, 1976 the Government had created 10 temporary posts of Assistants and upgraded them to the scale of Rs. 225-500 and some senior candidates came to be appointed to those posts. Subsequently, statutory rules under proviso to Article 309 of the Constitution came to be made, increasing the number of posts and scale of pay of all the Head Clerks, Assistants, Stenographers etc. to Rs. 225-500. By proceedings of the Government dated November 2, 1979 with effect from January 1, 1978, promotions of Accountants and Head Clerks were fused together, Pay of Assistants, Head Assistants etc. was revised to Rs. 620-1200/-, while that of the Junior Auditors and Accountants was revised to Rs. 570-1080/-. Similarly, for the promotion of the Accountants and Head Clerks statutory rules came to be made under p





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